02/11/2015 01:00 PM House RESOURCES

                 HB  70-CREAMER'S FIELD REFUGE                                                                              
                                                                                                                                
1:27:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TALERICO  announced that the  next order of  business is                                                               
HOUSE  BILL  NO.  70,  "An  Act adding  land  and  water  to  the                                                               
Creamer's Field Migratory Waterfowl Refuge."                                                                                    
                                                                                                                                
1:27:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ADAM WOOL,  Alaska State  Legislature, introduced                                                               
HB 70  as the sponsor.   He explained that the  bill would expand                                                               
the Creamer's Field Migratory Waterfowl  Refuge in Fairbanks.  He                                                               
spoke as follows:                                                                                                               
                                                                                                                                
     This  bill would  add four  state-owned parcels  to the                                                                    
     refuge.     These  parcels  were  purchased   with  the                                                                    
     intention  of  being  added  to   the  refuge  and  are                                                                    
     currently being  managed in accordance with  the refuge                                                                    
     management  plan.    Passing this  bill  will  formally                                                                    
     designate these as refuge lands  and allow the [Alaska]                                                                    
     Department  of Fish  & Game  to manage  these lands  as                                                                    
     part of the  refuge.  This bill will  expand the refuge                                                                    
     from 1,776 acres to approximately 2,000 acres.                                                                             
                                                                                                                                
     From the  beginning Creamer's Field has  been a public-                                                                    
     private  partnership.    When   the  …  Creamer  family                                                                    
     announced plans  to sell the historic  dairy, Fairbanks                                                                    
     community  worked  to  raise   funds  to  purchase  and                                                                    
     preserve   it   and   …  Governor   Hickel   introduced                                                                    
     legislation  for the  state  to  purchase the  historic                                                                    
     dairy site.                                                                                                                
                                                                                                                                
     The Friends of Creamer's  Field, a 501(c)(3) nonprofit,                                                                    
     works with  [the Alaska Department  of] Fish &  Game to                                                                    
     provide  educational and  community  activities at  the                                                                    
     refuge, including Camp Habitat,  which my two daughters                                                                    
     attend.                                                                                                                    
                                                                                                                                
     Thank  you for  considering  this  legislation and  for                                                                    
     supporting a Fairbanks community landmark.                                                                                 
                                                                                                                                
1:29:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER  moved  to adopt  the  proposed  committee                                                               
substitute  (CS), labeled  29-LS0372\H, Bullard,  2/9/15, as  the                                                               
working document.                                                                                                               
                                                                                                                                
REPRESENTATIVE SEATON objected for discussion purposes.                                                                         
                                                                                                                                
1:30:08 PM                                                                                                                    
                                                                                                                                
DAVID  DUNSMORE,  Staff,   Representative  Wool,  explained  that                                                               
Version H makes several technical  changes that were suggested by                                                               
the Department  of Natural  Resources.   [On page  1, line  8,] a                                                               
comma was inserted after "Beginning".   [On page 1, line 10; page                                                               
2,  line 4;  page 2,  line  9; and  page  2, line  12,] the  word                                                               
"continuing" is  replaced with  word "thence".   The  sponsor was                                                               
advised  that even  if those  changes  were not  made, the  legal                                                               
descriptions would still be accurate,  but for drafting standards                                                               
for  propriety, "thence"  is the  term that  is properly  used to                                                               
describe  a boundary  along a  meander, and  "continuing" is  the                                                               
proper word to describe  at along a line.  [On  page 3, lines 13-                                                               
18,] the legal  description of the parcel  described in paragraph                                                               
(6)  was  revised to  a  simpler  version  because it  removes  a                                                               
reference to  a subdivision  waiver by  the Fairbanks  North Star                                                               
Borough.   This  was suggested  because reference  to the  waiver                                                               
might not be  appropriate for statute because that  waiver is not                                                               
a readily  obtainable public document.   He pointed out  that the                                                               
sponsor has  been assured  [by DNR]  that the  legal descriptions                                                               
still accurately describe the land.                                                                                             
                                                                                                                                
REPRESENTATIVE SEATON  removed his  objection to adoption  of the                                                               
proposed CS.                                                                                                                    
                                                                                                                                
1:31:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON inquired how  many people have reviewed the                                                               
land descriptions.                                                                                                              
                                                                                                                                
MR. DUNSMORE replied that someone  from DNR or ADF&G could better                                                               
answer the question,  but that to his knowledge at  least five or                                                               
six people have looked at them.                                                                                                 
                                                                                                                                
1:32:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TALERICO ascertained there  was no objection to adopting                                                               
Version H and ordered its adoption as the working document.                                                                     
                                                                                                                                
REPRESENTATIVE JOSEPHSON noted that  the previous governor vetoed                                                               
this legislation [House Bill 246 passed  and vetoed in 2014].  He                                                               
asked why it was vetoed and whether the issue had been resolved.                                                                
                                                                                                                                
MR.  DUNSMORE confirmed  that [Governor  Parnell] had  vetoed the                                                               
bill.   He explained that  the governor's veto  message expressed                                                               
support for  the underlying  intention of  adding these  lands to                                                               
the  refuge but  that a  Department of  Law review  had found  an                                                               
error  in  the  legal  description that  could  have  potentially                                                               
caused a cloud  on the title of the private  landowner whose land                                                               
was inadvertently described.  Out  of caution and respect for the                                                               
private landowner  who was  unconnected to the  bill in  any way,                                                               
the bill was vetoed.                                                                                                            
                                                                                                                                
REPRESENTATIVE  SEATON inquired  whether  any  of the  contiguous                                                               
landowners object to these lands being added to the refuge.                                                                     
                                                                                                                                
REPRESENTATIVE WOOL answered no.                                                                                                
                                                                                                                                
1:34:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TALERICO opened public testimony on HB 70.                                                                             
                                                                                                                                
1:34:45 PM                                                                                                                    
                                                                                                                                
MARK HALL,  Land Surveyor,  Division of  Mining, Land  and Water,                                                               
Department  of Natural  Resources,  said he  reviewed the  [land]                                                               
descriptions.   Responding to Representative Hawker,  he said the                                                               
land  descriptions in  HB  70  are correct  to  the  best of  his                                                               
knowledge.                                                                                                                      
                                                                                                                                
DAVID   JAMES,   Regional   Supervisor,  Division   of   Wildlife                                                               
Conservation, Alaska Department of Fish  & Game, pointed out that                                                               
the property [being added to the  refuge] is already owned by the                                                               
state.  To the degree possible,  he said, ADF&G has been managing                                                               
that property  as part of  the refuge although technically  it is                                                               
not.    Two different  sources  of  federal  funds were  used  to                                                               
purchase the land and it is part of the refuge's multiple use.                                                                  
                                                                                                                                
1:36:40 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TALERICO  closed public testimony after  ascertaining no                                                               
one else wished to testify.                                                                                                     
                                                                                                                                
1:37:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON observed  from the  map in  the committee                                                               
packet that some university land  is within the [refuge] boundary                                                               
and some is not.  He  asked whether there are any use limitations                                                               
or restrictions on that land.                                                                                                   
                                                                                                                                
MR. DUNSMORE  replied that his  understanding is that use  on the                                                               
adjacent  university land  is consistent.   Drawing  attention to                                                               
the  map, he  pointed  out  several trails  that  cross from  the                                                               
refuge into the  university land.  He deferred  further answer to                                                               
Mr. James.                                                                                                                      
                                                                                                                                
MR. JAMES  responded that he is  unaware of any issues  in regard                                                               
to conflicts  or compromised uses  on university land  as opposed                                                               
to the refuge.  As far  as large holdings of university land that                                                               
might be  used for other  things in the  future, he said  that to                                                               
the best  of his knowledge  most of that is  on the west  side of                                                               
the refuge  closest to  the campus.   As far  as any  issues with                                                               
other rights of way, he said he is unaware of any.                                                                              
                                                                                                                                
REPRESENTATIVE JOHNSON  said he just wants  to make sure it  is a                                                               
compatible use to the university.                                                                                               
                                                                                                                                
1:39:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER moved  to  report  the proposed  committee                                                               
substitute for  HB 70, labeled 29-LS0372\H,  Bullard, 2/9/15, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying zero  fiscal note.   There being no  objection, CSHB
(RES)   was  reported   from  the   House  Resources   Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
1:39:52 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 1:40 p.m.